Non-Citizen Illegal Voting: Deportation Risks

Voting as a non-citizen in a federal, state, or local election is a federal crime and an immigration violation that can result in deportation. Under INA §237(a)(6), any non-citizen who votes unlawfully is deportable. Deportation proceedings can be initiated even if the vote was cast by mistake. Consult an immigration attorney immediately — verify current procedures on the official USCIS website.

Quick Answer

Yes, non-citizen illegal voting leads to deportability under INA §237(a)(6) and may also trigger inadmissibility under INA §212(a)(10)(D). A single unlawful vote — even an accidental one — is enough for the government to place you in deportation proceedings. Acting quickly with qualified legal counsel is critical to protecting your status.

When Does This Apply? Key Conditions

Not every situation is identical. The consequences depend on several factors:

• Type of election: Federal law (52 U.S.C. §20511 and 18 U.S.C. §611) explicitly prohibits non-citizens from voting in federal elections. Many states extend this prohibition to state and local elections.
• Your immigration status: Green card holders (lawful permanent residents), visa holders, DACA recipients, asylum seekers, and undocumented individuals are all prohibited from voting in federal elections.
• Intent vs. mistake: Criminal prosecution under 18 U.S.C. §611 generally requires knowing and willful conduct. However, for immigration purposes, intent is not always required — the act itself may suffice to trigger deportability.
• Claim of citizenship: If you falsely claimed to be a U.S. citizen in order to register or vote, you face an additional and separate ground of deportability under INA §237(a)(3)(D) and inadmissibility under INA §212(a)(6)(C)(ii), which carries extremely limited waiver options.
• Naturalization impact: A finding of illegal voting or a false claim to citizenship can permanently bar you from obtaining U.S. citizenship, as it reflects negatively on the "good moral character" requirement.

Steps to Fight Deportation After Illegal Voting

1. Hire an immigration attorney immediately. As soon as you learn you are under investigation or have received a Notice to Appear (NTA), contact a qualified immigration lawyer. Time is critical — you have only 30 days to appeal an order of removal to the Board of Immigration Appeals (BIA).
2. Do not make any additional statements without counsel. Anything you say to ICE, USCIS, or other federal agencies can be used against you in deportation proceedings. Exercise your right to remain silent and request an attorney.
3. Gather all evidence of lack of intent or misinformation. Collect documents showing you were misinformed (e.g., by a voter registration drive, a government clerk, or erroneous DMV procedures) that you were eligible to vote. This may support a defense in immigration court.
4. Explore relief from deportation. Depending on your situation, your attorney may pursue: cancellation of removal (INA §240A), voluntary departure (maximum period: 120 days if granted before an order), withholding of removal, or a motion to reopen within 90 days of an order of removal.
5. Request a Stay of Deportation if facing imminent removal. Your attorney can file Form I-246 (Stay of Removal) with ICE to temporarily halt your removal while your case is pending. Check the current filing fee on the official ICE website at ice.gov.
6. Appeal if necessary. If the immigration judge rules against you, file a timely appeal with the BIA within 30 days. Further appeals to the federal Circuit Court of Appeals are also possible. For current filing fees and procedures, check justice.gov or USCIS.

What the Law Says

The primary statutes governing non-citizen voting and its immigration consequences include:

• 18 U.S.C. §611 — Federal criminal prohibition on voting by non-citizens in federal elections. Conviction can result in fines and up to one year of imprisonment, in addition to immigration consequences.
• INA §237(a)(6) — Makes any alien who has voted in violation of federal, state, or local law deportable.
• INA §212(a)(10)(D) — Renders a non-citizen who voted unlawfully inadmissible, affecting re-entry and adjustment of status.
• INA §237(a)(3)(D) and INA §212(a)(6)(C)(ii) — Separate and additional grounds for deportability and inadmissibility if you falsely claimed U.S. citizenship. These grounds have almost no available waivers.
• INA §240A — Cancellation of removal, a possible form of relief for certain long-term residents meeting strict statutory criteria.

Some courts have recognized a narrow exception for non-citizens who voted based on an official government error — for example, being incorrectly told they were eligible by a DMV or election official. This defense is fact-specific and requires strong documentation. Ilya Fishkin, immigration attorney can evaluate whether this or other defenses apply to your case.

Important Considerations for Green Card Holders

Lawful permanent residents (green card holders) are not exempt. Even long-term residents with decades of U.S. residence can be placed in deportation proceedings for illegal voting. The "good moral character" requirement for naturalization (INA §316) means that a past illegal vote — even if no removal proceedings were initiated — can disqualify you from U.S. citizenship. Full disclosure and legal guidance are essential before filing any naturalization application (Form N-400).

This material is for informational purposes only and does not constitute legal advice.